Page:United States Reports, Volume 209.djvu/332

 306 OCTOBER TERM, 1907. Statanmut of th Ca 29 U. 8. szcertaining Which property belongs to either of the spouses respectively or to the community." The der  reversed and h case  remanded to te co below, with directions to diamias the bill ]wr want o! juria- UNITED STATES FIDELITY AND GUARANTY COM- PANY v. UNITED STATES FOR THE USE AND BENE- FIT OF STRUTHERS WELI COMPANY. ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 154 Argui  5, lO.--Decided April There is always a strong presumption that a statute was not meant to act' retrospectively, and it should never receive such a constructiota if  ccptible of any other, nor unless the words are so clear, strong and impera- tive as to have no other meaning. The act of February 24, 1905, c. 778, 33 Stat. 811, amending the act of Au- gust 13, 1894, c. 280, 28 Star. 278, is prozpective and does not relate to or affect actions based on rights of materi:.-men which had accrued prior to its tramsage, and such actions are properly brought under the act of 1394. The absolute taking away of a present right to sue and suspending it until after certain everite have happened, and the giving of preferences between creditors, are not mere matters of procedure but affect submtial rights, and as the act of Febrmu7 24, 1905, conzists of but a single section and deal with such sub}ecte and only incidentally applies to procedure, the entire statute must be ccnstmed under the general rule that it is not retro- si-'tive in any respect. 151 Fed. Pp. 534, affirmed. THIS is a writ of error to the Circuit Court of Appeals for the Second Circuit, wMch brings up for review the judgment of that court affirming that of the Circuit Court of the Eastern District of New York in favor of the defendant in error (plain-

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